علامہ ابنِ عاشور کا التحریر والتنویر میں مفہوم مخالف کی بنیاد پر استنباطِ احکام کا مطالعہ Study of Deriving Commands Based on Contradictory Concepts in Imam Ibn Ashur's "Al-Tahrir wa'l-Tanwir" Section Islamic Studies

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ڈاکٹر مفتی عثمان غنی

Abstract

In his renowned work "Al-Tahrir wa'l-Tanwir", Imam Ibn Ashur's methodological approach towards deriving legal rulings based on the concept of "mafhūm al-mukhālafah" (the inferred meaning contrary to the apparent meaning) is of paramount significance. Imam Ibn Ashur, being a distinguished scholar with expertise in religious and worldly sciences, possessed profound knowledge of the principles and objectives of Islamic law. The concept of "mafhum al-mukhalafah" is found in various sources and is considered a valid method of inference, acknowledged by the companions of the Prophet Muhammad (peace be upon him), as well as later scholars. In his exegesis, Imam Ibn Ashur utilized this concept as a foundation for deriving legal rulings and addressing various issues. He often alluded to its types and principles, highlighting its importance as a source of legal reasoning in Islamic jurisprudence. Imam Ibn Ashur's approach in "Al-Tahrir wa'l-Tanwir" revolves around understanding and applying the concept of "mafhum al-mukhalafah" within the framework of Islamic legal theory. He elucidates the principles and criteria for identifying instances of "mafhum al-mukhalafah", categorizes its types, and demonstrates its significance in legal reasoning through numerous examples. By employing this method, Imam Ibn Ashur establishes the validity and efficacy of deriving legal rulings based on inferred meanings contrary to the apparent meanings of textual sources. The topics covered in this discussion include: the introduction of Imam Ibn Ashur and his exegesis, the comprehension of the concept of "mafhum al-mukhalafah" and Imam Ibn Ashur's stance on it, the principles and standards of "mafhum al-mukhalafah" according to Imam Ibn Ashur, the types of "mafhum al-mukhalafah" according to Imam Ibn Ashur, and the efficacy and examples of legal reasoning based on the concept of "mafhum al-mukhalafah" according to Imam Ibn Ashur. Through his meticulous analysis and application of "mafhum al-mukhalafah", Imam Ibn Ashur enriches the field of Islamic jurisprudence and provides valuable insights into deriving legal rulings in accordance with the objectives and principles of Islamic law.               

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